Tier 5 to Partner Visa and Section 3c

[Speedbird676]

I am a British citizen and my partner is an Australian citizen in the UK on a Tier 5 Youth Mobility visa which expires in July.

We have been together almost four years and living together since November 2016, initially in Australia before we both moved to the UK in 2017, so we intend to apply for his partner visa.

The gov.uk website says that the processing time for a partner visa submitted within the UK is up to 8 weeks. Between now and July we don't have a clear eight week period that my partner could be without his passport due to travel commitments.

I have read about Section 3c and would like to confirm my understanding.

If we submit his partner visa application when we return to the UK from a holiday in June, the eight weeks processing time will go beyond the expiry date of his Tier 5 visa. Does Section 3c kick in automatically, ie: he will be allowed to stay until that visa is decided without becoming an overstayer?

Also, what I've read about Section 3c is that the conditions of the visa in place remain in force. As he is on a Tier 5, would he be able to continue working and what evidence would his employer need to prove he is still eligible to work?

[CR001]

Does Section 3c kick in automatically, ie: he will be allowed to stay until that visa is decided without becoming an overstayer?

Correct yes.

Also, what I've read about Section 3c is that the conditions of the visa in place remain in force. As he is on a Tier 5, would he be able to continue working and what evidence would his employer need to prove he is still eligible to work?

Correct. Employer can do the online employee status check.

[Speedbird676]

Thanks CR001.

We are sure we meet the conditions, but in the unlikely event his application is unsuccessful, how long would he have before having to leave the UK?

[CR001]

Likely 14 days and HO will likely retain his passport and return it to him at the airport.

[seagul]

Thanks CR001.

We are sure we meet the conditions, but in the unlikely event his application is unsuccessful, how long would he have before having to leave the UK?

If you will be given the appeal right and if you will appeal within that deadline then section 3C will even be extended until the appeal decision without making you overstayed. That right will be ended if you leave the country.

[Speedbird676]

We are in the process of putting together our application so we have everything ready to submit when we return from our holiday.

I'm confused, with the new Sopra Steria arrangements, how we submit our supporting documents. We are both in the UK, so do we:

1. Scan our documents before the biometrics appointment?
2. Take our documents to the biometrics appointment to have them scanned?
3. Send our documents by post to UKVI?

[Speedbird676]

I found the following on migrate.org.uk which has answered my question:

In-country applications

Under the new streamlined process, once your application has been submitted online and you have attended your appointment (where all your evidence is usually uploaded online), you leave the Service Point with all your evidence.

After this, you simply wait for a period of time (dependant on whether you paid extra for a quicker decision) to receive your decision.

Although the new process allows you to retain your passport whilst your application is being decided, you must not travel outside the UK. If you do, your application will be considered withdrawn.

Where it says "you must not travel outside the UK", does this apply from when we submit the application online via the UKVI website or from after the biometrics appointment?

We were planning to submit the application online the day before we go away and hopefully have a biometrics appointment the week we return.

[CR001]

Why not apply after you have traveled to keep it simple??

The travel refers to after the biometric appointment.

[Speedbird676]

Why not apply after you have traveled to keep it simple??

Thanks CR001.

We're intending to travel again 11 weeks later. There was a warning on the UKVI website about lack of appointments at the Sopra Steria service centres, so we we're worried that if we only apply the day we return and don't get an appointment for some time that it may put those travel plans at risk.